Page:North Dakota Reports (vol. 3).pdf/369

 Error Without Prejudice.

Where it appears that upon the uncontroverted facts the plaintiff cannot recover in the action, a verdict and judgment for defendants will not be disturbed by this court even when the record shows errors in procedure. Such errors are without prejudice.

Appeal from District Court, La Moure County; Rose, J.

Action on a bond by the Prairie School Township against William Haseleu, August Beckman, and Stephen Kohan. Defendants had judgment, and plaintiff appeals.

Affirmed.

George W. Newton, for appellant.

L. C. Harris and E. W. Camp, for respondents.

J. This action is brought to recover damages for an alleged breach of the condition of an official bond given by an ex-treasurer of the plaintiff. All of the defendants executed the official bond; the defendant William Haseleu, the ex-treasurer, signing as principal, and defendants Beckman and Kohan signing as sureties. The allegations contained in the first six paragraphs of the complaint, and which are expressly admitted to be true by the defendants’ answer, are, in substance, as follows: The plaintiff was at the time in question, and is, a duly organized school township of La Moure County; that defendant Haseleu, after being elected, qualified for the office of treasurer of said school township in July, 1883, by taking the required official oath and giving said official bond; that Haselcu entered upon the duties of his office, and was treasurcr of the plaintiff at the time the school bonds hereafter referred to were voted, executed, and delivered; that at a mecting of the school township held in September, 1883, it was decided by a inajority of the electors that said school township should, for the purpose of building a school house, issue two bonds of $500 cach, bearing 7 per cent. interest; that thereafter, and on the 28th day of September, 1883, the school board of said school township, (which board was wholly composed of the three defendants,) in pursuance of the vote caused to be executed and did execute and did issue two separate school bonds of